Difference between Ttorts and Crime

Trot and Crime

Trot and Crime

The differences between Tort and Crime are as follows:

TORTS

Right

In Torts, there is an infringement of the private/personal/civil rights.



Remedy

A Tort a civil wrong and the remedy for which is an action for un-liquidated damages that is by the way of financial or monetary compensation which is paid by the wrong-doers to the injured party.

Procedure

A civil wrong is one which gives rise to civil proceedings. There would be no F.I.R in this case.

Ali                Vs             Hassan
Plaintiff                       Defendant
Injured party suit a file

With drawl of case

In Tort, you can withdraw the case at any stage and can compromise with other party.

CRIME

Right

In criminal law, there an infringement of public rights because crime considered an offence against the community.

Remedy

A crime a wrong for which the common remedy is punishment and the decision would made by Court or state.

Procedure:

Criminal proceedings are those which have for their object the punishment of the defendant for some act of which he is accused.

State                         Vs.       Hassan
Complainant                         Accused
Whatever can file a case

With drawl of case

In crime, you cannot withdraw the case by yourself but with the decision or help of the court. You can compromise but with the orders of court otherwise not.
Who cannot be sued and sue

State and its Officers

They cannot sued but only in England not in Pakistan or India. They think that King cannot do any wrong that is why they cannot sued. But in Pakistan state and its officers can be sued.You cannot sue against the sovereign on Pakistan. There will be no civil proceedings against the President but only in office terms but criminal proceedings can be done against him.

Foreign Sovereign

Foreign sovereign cannot sued in civil or criminal proceedings sued in International Court of Justice.

Ambassadors

Ambassadors cannot be sued in any criminal or civil proceedings in the country in which they are sent. There is no immunity for them in their sending states.

Public Officials

All public officials cannot be sued in their representative capacity for Torts committed by them or by their sub-ordinates. They can sued in their personal capacity.

Infants and Minor

Infants and minors cannot sued but only on behalf on their next friend.

Married Women

A married woman cannot sued but jointly with her husband otherwise not.

Trade Unions

Trade unions have the status like that of corporations, in this respect they cannot sued if they registered.

Lunatics

They cannot sued but in specific situations through their guardian.
“Insanity is good defense in criminal law”.

Corporations

The corporations cannot sued but one can sued means that the member of that corporation can sued not the whole corporation.

Highway Authority

They cannot sued but in Pakistan they can sued if they commit any Tort.

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